SB 338

Bill Subjects

Civil Actions, Immunity And Exemption From Liability Conservation; Conservancy Districts County Government Water Generally

Abstract

Provides that a conservancy district established after June 30, 2020, for any purpose other than providing for the collection, treatment, and disposal of sewage and other liquid wastes is subject to certain restrictions and requirements, including that: (1) it may not exercise the power of eminent domain; (2) if it imposes fees for the recreational use of a water body, the fee charged to a person who does not own real property within the conservancy district may not be more than 50% greater than the fee charged to a person who owns real property within the conservancy district, and it may use the recreation fee revenue only for maintenance of the water body and the administration of the conservancy district; (3) it may not unreasonably limit the types of motorized watercraft that may be used on a water body or assess fees for access to the water body that are unreasonably high in amount; (4) it may not exercise control or authority over the construction, reconstruction, or maintenance of regulated drains or over streams; (5) its budget must be reviewed by the fiscal body of the county in which the conservancy district is located, and the board of the conservancy district may not approve a total budget in excess of the amount approved by the county fiscal body; and (6) the rate of its special benefits tax may not exceed $0.0667 on each $100 of assessed valuation of property. Provides that if: (1) a conservancy district is established for purposes related to a water body; and (2) the water body is used as a source of water by a public water utility; the public water utility is not civilly liable for bodily injury or property damage caused by an occurrence in or near the water body solely by reason of owning or having a right to use the water in the water body.